- (1.) B. P. Singh, J. This is an application in revision against the order dated Jan. 2,1990 passed in Crime No. 1093 of 1989 under Sections 306/458-A, IPC, Police Station Colonel-ganj, district Allahabad.
(2.) THE applicant was arrested by police of the Police Station Colonelganj on 22. 10. 1989 in connection with the Crime No. 1093/89 under Sections, 306, 498-A I. P. C. THE applicant was sent to Jail lock up on 22. 10. 1989. Since more than 60 days had passed and the police had not completed the investigation in the case an application under Section 167 (2), Cr. P. C. was moved by the applicant for enlarging him on oail. THE learned Chief Judicial Magistrate rejected the application of the applicant because he was of the view that the charge-sheet in the case concerned could be filed within 90-days. Aggrieved by the order of the learned Chief Judicial Magistrate, Sohan Lal has come in revision. I have heard the learned counsel for the parties and I have gone through the record of the case.
(3.) IT is not disputed that the applicant was sent to jail on 23rd October, 1989. An application was moved on his behalf under Section 167 (2), Cr. P. C. after 60-days on the ground that the period of 60-days was over and the police had not completed the inves tigation by that time. Section 167 (2), Cr. P. C. so far as it is relevant for the purposes of this case is as under: "provided that- (a) the Magistrate may authorised the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding: (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; (ii) sixty days, where the investigation relates to any other offence, and on the expiry of the said period of ninety days or sixty days, as the case may be, the accused shall be released on bail if he is prepared to and does not furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter. " Thus, the only question involved in this case is as to what is the correct interpretation of the words, "a term of not less then ten years. ";